Sol_A15PS00513.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Proposal (RFP): Replacement of Two (2) Boilers at the BIE T’siya Day School, Zia Pueblo, New

Mexico.

This acquisition is solicited with a set aside for Total Small Business.

The North American Industry classification (NAICS) code is 236220.

The estimated period of performance is sixty (60) days from the Notice to Proceed.

Please see the attachment for the following: 1) Statement of Work, 2) Terms and Conditions and, 3) Sections L and

M for the requirements of Proposal Preparation, Submission, and Evaluation Criteria.

The following provisions and clauses apply to this solicitation and the future anticipated contract: FAR 52.212-1, 52.212-2, 52.212-3, 52.212-4, 52.212-5.

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

0040185225

BIA SWRO 00007

1001 INDIAN SCHOOL RD NW

Contracting Office

BIA BUILDING 1

A07

Albuquerque NM 87104

Darlene Dillon, Contracting Officer

Indian School Rd NW Suite 347 Albuquerque, NM Email: Darlene.Dillon@bia.gov

Darlene Dillon 505-563-3025

1x 05/11/2015

A15PS00513

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

CONSTRUCTION: Replacement of Two (2) Boilers at BIE T'siya Day School, ZIA Pueblo, NM.

Consideration for award will be determined by best value to the Government, which is identified is Sections L and M. (Note: This is NOT a sealed bid solicitation).

A SITE VISIT IS REQUIRED PRIOR TO SUBMITTING A PROPOSAL. CONTACT JON HENDERSON TO

SCHEDULE AT SITE VISIT AT THE FOLLOWING EMAIL ADDRESS: JON.HENDERSON@BIE.EDU

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

0 60 calendar days and complete it within ________________ ________________ calendar days after receiving

05/20/2015

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

Darlene Dillon

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 113

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

A15PS00513

Delivery: 07/22/2015

Delivery Location Code: 0009061755

BIE T'SIYA DAY SCHOOL

350 Riverside Drive

ZIA PUEBLO NM 87053-6006 US

FOB: Destination

00010 CONSTRUCTION-Replacement of Two (2) Boilers:

Bureau of Indian Education--T'siya Day School, Zia Pueblo, NM. See Section C for the Statement of Work. See Sections L and M for submission of proposals and evaluation criteria. The anticipated award shall be a firm fixed price for construction work and supplies accepted and received by the Government.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION B -- SUPPLIES OR SERVICES AND PRICES

For questions, please EMAIL the Contracting Officer: Darlene.Dillon@bia.gov

In accordance with FAR 36.204, Disclosure of Magnitude of the Construction Project, the overall estimated cost is between $100,000 and $250,000.

ITEMIZATION OF (EXACT) MATERIALS TO BE USED

(The Offeror shall provide a listing of the materials, inclusive of brand name and item/model numbers, to be used as outlined in the Statement of Work).

BREAKDOWN OF COST/PRICE

The Offeror is to provide a breakdown of costs. Note: A signed statement is required to be included in the proposal submission certifying all materials are asbestos free.

1) Material Costs

2) Dismantling and Demolition Costs: (Provide an itemization for Dismantling and Demolition costs).

2) Labor Costs

4) Profit-Not to exceed ten percent (10%) of the material costs.

5) Taxes (NM labor taxes)

6) Porta Potty to be located at the jobsite

7) Performance and Payment Bonds (100% of proposal/contract value)

Note: Travel costs are at the contractor’s expense. The contractor’s overhead costs are at the contractor’s expense.

ESTIMATED SCHEDULE OF CONSTRUCTION:

The period of performance is sixty (60) calendar days from the Notice to Proceed.

SECTION C -- DESCRIPTIONS AND SPECIFICATIONS

SECTION E -- INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION AUGUST

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to

Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The

Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may--

(1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the

Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately.

Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

SECTION F -- DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK

APRIL 1984

The Contractor shall be required to (a) commence work under this contract within Ten (10) calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than sixty (60) calendar days after the Notice to Proceed is issued. The time stated for completion shall include final cleanup of the premises.

F.2 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION SEPTEMBE

R 2000

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $00.00 (zero dollars) for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F.3 52.211-13 TIME EXTENSIONS SEPTEMBE

R 2000

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

F.4 52.242-14 SUSPENSION OF WORK APRIL 1984

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed--

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION - GOVERNMENT

A. All administrative questions shall be directed to:

Darlene Dillon, Contracting Officer BIA-SWRO – Division of Acquisition Services 1001 Indian School Rd NW, Ste. 347

Albuquerque, New Mexico 87104

Telephone No.: (505) 563- 3025 - Facsimile No.: (505) 563-3030

B. Technical Point of Contact: Simon Nunez

G.2. CONTRACT ADMINISTRATION CONTRACTOR

Designate a person whom the Government may contact during the period of the contract for prompt action on matters pertaining to the administration of the contract. Authorized Administrator is:

Name Title Address City Telephone No. Facsimile No. Email Address

G.3 CONTRACTING OFFICER'S REPRESENTATIVE

Simon Nunez

Facilities Management, Bureau of Indian Education 1001 Indian School Rd NW

Albuquerque, New Mexico 87104 Telephone No.: 505-563-3630 Email: Simon.Nunez@bie.edu

ALTERNATE CONTRACTING OFFICER’S REPRESENTATIVE

Ronald Garcia

Facilities Management, Bureau of Indian Education 1001 Indian School Rd NW

Albuquerque, New Mexico 87104 Telephone No.: 505-563-3638

Email: Ronald.Garcia@bie.edu

a. The Contracting Officer shall designate a Contracting Officer's Representative (COR) who will represent the Contracting

Officer in the technical phase of the work. The COR's duties, responsibilities, and limitations of authority will be set forth in a written COR designation letter. A copy of the COR designation letter will be made available to the Contractor.

b. The COR is not authorized to make any changes to the terms and conditions of this contract. Only the Contracting Officer is authorized to make any changes to the contract by a properly written signed modification to the contract.

c. The Contracting Officer is the only official who can legally commit or obligate the Government for expenditure of public funds.

mailto:Simon.Nunez@bie.edu

G.4 INVOICE AND PAYMENT

Electronic Invoicing and Payment Requirements – April 2013

Internet Payment Platform (IPP)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform

System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The lPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IFP invoice:

____invoice_________________________________

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor

Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve

Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866)

973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

G.5 AUTHORITIES AND LIMITATIONS

(a) All work shall be performed under the authority exercised by the Contracting Officer who has been appointed in accordance with the requirements of the Department of the Interior Acquisition Regulation (DIAR) 1401.603.

(b) The Contracting Officer may designate other Government employees to act as authorized representatives in administering this contract in accordance with the requirements of DIAR 1401.670. Any designation shall be made to the authorized representative by an appointment memorandum signed by the Contracting Officer which contains the scope and limitations of authority delegated for purposes of administering this contract. A copy of the memorandum, and any revisions to it, shall be provided to the Contractor which shall acknowledge receipt.

(c) The Contractor shall, without unnecessary delay, comply with any written or oral direction of the contracting officer or authorized representative(s) acting within the scope and authority of their appointment memorandum. Such orders or direction include, but are not limited to, instructions, interpretations, approvals, or rejections associated with work under this contract including requirements for submission of technical data, shop drawings, samples, literature, plans, or other data required to be approved by the Government under this contract.

(d)(1) If the Contractor receives direction for work under this contract (including any written or oral orders it regards as a change order under the Changes clause of this contract) and it considers such direction to have been issued without proper authority (including instances where it believes delegated authority has been exceeded), it shall not proceed with the direction and shall notify the

Contracting Officer within five (5) working days of receipt of the direction. On the basis of the most accurate information available to the Contractor, the notice shall state-

(i) The date, nature, and circumstances of the direction received;

(ii) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such direction;

(iii) The identification of any documents and the substance of any oral communication involved in such direction;

(iv) The contract line items or other contract requirements that may be affected by the alleged direction including any suspected delays or disruption of performance; and

(v) Any other information considered pertinent.

mailto:ippgroup@bos.frb.org

(2) Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform under this paragraph prior to receipt of the Contracting Officer's determination issued under paragraph

(e) of this clause.

(e) The Contracting Officer shall promptly, after receipt of any notice made under paragraph (d) of this clause, respond to the notice in writing. The response shall --

(1) Confirm that the direction contained in the Contractor's notice was unauthorized and either authorize it by appropriate contract modification or countermand it;

(2) Deny that the direction contained in the Contractor's notice was outside the scope and limitations of the authority of the authorized representative who gave the direction and direct the Contractor to proceed immediately with the direction received or, when necessary, direct the mode of further performance; or

(3) In the event the information contained in the Contractor's notice is inadequate to make a decision under subparagraphs (e)(1) or (2) of this clause, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

(f) A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 REQUIREMENTS FOR EXECUTION OF SURETY BONDS

Each surety company bond (bid, performance and payment) which purports to have been executed by an agent or attorney-in-fact, for the corporate surety, is required to have submitted with it a power of attorney to the signatory agent or attorney-in-fact, and executed by the corporate surety upon a date reasonably approximate to the date to the bond. Such power of attorney shall in each instance be retained with the bond. (Bonds are not required for this construction work).

H.2 MODIFICATION PROPOSAL - COST BREAKDOWN

The Contractor, in connection with any proposal he makes for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer (CO). Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work involved in the modification, whether such work was deleted, added, or changed. Any amount claimed for subcontractors shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification thereof shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the

Contracting Officer.

H.3 CONTRACTOR SAFETY PROGRAM REQUIREMENTS

The Contractor shall establish a safety program, which is consistent with FAR Clause 52.236-13 and also shall include at a minimum the following requirements:

(a) Safety Program Submittal: Within 10 days following the awarding of a contract, the Contractor shall submit in writing to the

Contracting Officer's Representative (COR) a proposed comprehensive safety program for approval. The Contractor's safety program shall detail policies, procedures and plans that will be implemented to ensure the safety and health of employees and visitors at the job site. The Contractor shall prepare a list of major hazards associated with the contract work and provide in the safety program means to minimize the hazards.

(b) Pre-Construction Safety Meeting: Representative of the Contractor shall meet with Contracting Officer's Representative and

CO prior to the start of construction to review the safety program and discuss implementation of health and safety provisions pertinent to the work under contract. The Contractor should be prepared to discuss, in detail, the measures to be taken to control the hazards associated with the major phases of the work under contract. This meeting shall be devoted mainly to a discussion of the manner in which the Contractor intends to administer the health and safety program, delegation of responsibility for implementing the program, and a determination of what shall be presented in the written safety program.

(c) Contractor Housekeeping Requirement: Good housekeeping, including provision and facilities for routine scrap removal, shall be maintained in all areas within the Contractor's scope of operation. Any and all garbage shall be stored and removed to an approved dump site as specified by the permitting Agency. The construction yard(s) shall be restored to their natural condition or better as required by the permitting requirements and in accordance with Tribal, State, and Federal law (i.e. applicable OSHA construction standards).

(d) Contractor Contamination Requirement: Handling, storage, and disposal of toxic materials of any nature shall be carried out in a manner so as not to contaminate or pollute public and/or private property, water supplies, rivers, lakes, reservoirs, streams, or the atmosphere. Disposal of all materials, including waste, garbage, and sewage, shall comply with all local, tribal, state, and federal regulations (i.e. Clean Air and Water Acts).

H.4 DETERMINATION AND EXTENSION OF CONTRACT TIME

(a) The calendar days, stated under FAR 52.211-10, allows for the performance of the contract to be performed with weather conditions that are normally anticipated in the area that may prevent work. Request for time extensions because of weather conditions shall not be granted except in the case of unusually severe weather or "Act of Nature" unanticipated by this contract.

H.5 PLANS AND SPECIFICATIONS

(a) Due to excessive costs incurred by the Government in printing, the Government will no longer be providing plans and specifications for its projects to suppliers and/or subcontractors.

(b) Any Prime Contractor bidding on Government contracts is responsible for providing its Subcontractors and Suppliers with information relating to their respective disciplines for cost proposals. Any misinterpretation or incorrect bids made to the

Prime Contractor by the Subcontractor or Suppliers will not relieve the prime Contractor of his obligation to the contract or his bid proposal.

H.6 AVAILABILITY OF RECORDS

The Contracting Officer and other authorized Government officials shall have access to all records of the Contractor and subcontractors relating to personnel, payrolls, invoices of materials, and any and all other data relevant to the performance of the contract.

H.7 FINAL INSPECTION, SUBSTANTIAL COMPLETION, AND ACCEPTANCE OF COMPLETED WORK

In conformity and supplemental to contract clause 52.236-11, the Contractor shall request in writing for a final inspection. The

Contractor shall advise the Contracting Officer that all the materials have been furnished, all the work has been performed, and all the construction provided for by the contract has been completed in accordance with its terms. The Contractor shall be ready for final inspection in order that necessary arrangements can be made. On the date when all materials, work or other requirements of the drawings, specifications, and contract are furnished and completed, acceptance will be given by the Contracting Officer. The

Contractor shall advise the Contracting Officer of substantial completion as the processions on portions of the project are completed.

If the inspection discloses any unsatisfactory work, the Contractor will receive a list of the work that is incomplete or requires correction. The contractor shall complete the incomplete or unsatisfactory work at no cost to the Government. Upon completion of this work, the Contractor shall furnish notification to the Contracting Officer.

H.8 TRIBAL TAXES, REQUIREMENTS AND /OR RESTRICTIONS

(a) Special attention is called to FAR Clause 52.236-7, Permits and Responsibilities and FAR Clause 52.229-3, Federal, State, and Local Taxes. Bidders are responsible for contacting the tribe or tribal organization involved with regard to any requirements regarding tribal taxes, royalties and/or other applicable tribal laws or ordinances. Any costs associated with this section shall be included in the contractor's bid.

H.9 SUBCONTRACTING AND SUBCONTRACTORS

(a) Work is to be performed by Prime Contractor. The prime contractor shall perform on the site with its own workforce amounting to not less than fifteen (15%) pursuant to FAR 52.219-14(a)(3), General Construction, (FAR 52.236-01, Performance of

Work by Contractor) of the total amount of the work, exclusive of the cost and materials, supplies and administration to the prime contractor. If during the progress of work, the contractor requests, in writing a reduction in such percentage, and the Contracting

Officer determines that a reduction would not be to the Government's disadvantage, the percentage of the work required to be performed by the contractor may be reduced; provided, prior written approval of the reduction is obtained by the Contractor from the

Contracting Officer.

(b) Selection of Subcontractors. Except as provided in DIAR Clause 1452.204-71, Indian Preference, the contractor and each subcontractor shall be free to select their subcontractors. Each subcontractor shall be capable of performing in a satisfactory manner, all work included in its subcontract. The contractor shall submit or require the submission of the following information to the

Contracting Officer.

(1) The name and address of each subcontractor.

(2) A detailed description of the work covered by each subcontract.

(3) A statement that the subcontractor has adequate resources and is capable of performing the work.

(c) Furnish Copies of Subcontracts. No subcontractor will be allowed to perform any work on the project site until the conditions in (b) above have been met and the contractor has completed and submitted SF-1413, Statement and

Acknowledgment, to the Contracting Officer in accordance with FAR Clause 52.222-11, Subcontracts (labor Standards). The subcontract shall include therein, verbatim, paragraphs b(1) through b(11) of FAR Clause 52.222-26, Equal Opportunity, incorporated by reference in this contract. These requirements pertain to all subcontracts, no matter what tier or relationship they have to the prime contractor except that the FAR Clause 52.222-26, Equal Opportunity is not required to be included in subcontracts of $10,000 or less.

(d) Contractor's Responsibility for Subcontractors. The contractor shall be responsible for the acts of all subcontractors and their employees when performing work at the project site, regardless of subcontractors' contractual relationship to the contractor. The contractor shall cause to be removed from the work at the project site any subcontractor or employee thereof whom the Contracting

Officer, in writing, finds to be incompetent, careless, or otherwise objectionable. Failure of any subcontractor to complete the work described in its subcontract in a satisfactory manner, or without delay, will not excuse the contractor from any delay in the completion of the entire contract.

H.10 DAYS OF WORK

Construction work will not be permitted on Saturdays, Saturdays, New Year's Day, Martin Luther King JR.'s Birthday, President's

Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day, or any other declared Government holiday. When any of the above holidays falls on Saturday, the preceding Friday is established as a holiday for

Government employees or when any of the above holidays falls on a Sunday, the Monday following that day is established as a holiday for Government employees. No construction will be permitted on those days; however, the Contracting Officer, when in his/her opinion is justified, may grant the Contractor permission to work on any of the above days upon written application by the

Contractor in advance.

H.11 HOURS OF WORK

Except in executive, administrative, and supervisory positions, no individual directly employed on the project may be permitted to work more than 40 hours per workweek.

The Contractor shall submit to the Contractor Officer the name and legal address of each foreman to be employed upon the work prior to his/her entrance on duty. The foreman shall be affected by the 40-hour workweek provision above so long as their duties are strictly supervisory or administrative, but any foreman working with tools and performing the duties of a journeyman, mechanic, or actually engaged in manual labor will be limited by the 40-hour workweek provision notwithstanding the possibly of working only a portion of the 40-hour workweek as a journeyman, mechanic, manual labor.

H.12 Payment to Contractor

See FAR Clause 52-232-27, Prompt Payment for Construction Contract. Payments to the Contractor shall be made within fourteen

(14) calendar days after the CO approves each invoice. The Government will make payments according to the project schedule that is provided and the percentage completed.

H.13 Changes

The contractor shall not perform any of contingent sum work, until the Contracting Officer issues a contract modification authorizing performance of work in accordance with FAR Clause 52.243-04, Changes.

The Contractor shall promptly notify the Contracting Officer, in writing, of subsurface or any physical conditions from those indicated in this contract or unknown physical conditions at the site before proceeding with the work.

The change orders request shall be forwarded to the Contracting Officer by memorandum outlining the need and a justification for the change order. Upon receipt of a change order request, the Contracting Officer will request a cost proposal from the Contractor. All cost proposals shall be in detail and itemized, showing price breakdown in sufficient detail to permit an analysis of cost for material, labor, equipment, hours, taxes, insurance, bonds, overhead costs, profit, and complete description of work involved in the change order, including any time extension.

In an emergency situation, the Contracting Officer may grant a telephone approval, and immediately the Contractor shall follow through by submitting a written cost proposal to the Contracting Officer. The Contracting Officer will issue a contract modification to authorize the work for the "emergency".

H.14 BACKGROUND INVESTIGATIONS

In accordance with 25 U.S.C. 3201 (P.L. 101-630), Indian Child Protection and Family Violence Prevention Act; 42 U.S.C. 13041, Crime Control Act of 1990; 441 Departmental Manual, Personnel Security and Suitability Requirements all positions with duties and responsibilities involving regular contact with or control over Indian children are subject to a background investigation and determination of suitability for employment.

Accordingly, the Project Foreman position requires a favorable screening (applicant and suitability) determination made by the Bureau of Indian Education (BIE), Personnel Security and Suitability Program; and, a favorable background investigation determination conducted by the Office of Personnel Management (OPM).

A favorable screening (applicant and suitability) determination must be made by the Bureau of Indian Education (BIE), Personnel

Security and Suitability Program prior to contract award or made within 60 days of incorporation of this clause into a current/exiting contract. Pending completion of a background investigation by OPM, the contractor who has been granted a favorable screening

(applicant and suitability) determination must be within the sight and under the supervision of a Government employee who has had a completed background investigation (42 U.S.C. 13041 (3)) during contract performance until a final background investigation determination has been made.

The Project Foreman, or the person who is granted a favorable screening, shall be on the site during all construction.

Contractor employees, to include subcontractor employees, SHALL NOT have contact with any school children.

Prior employment with the Federal Government, including BIA, BIE or the Bureau of Indian Affairs, does not assure that the appropriate screening or investigation was conducted nor does it alleviate or guarantee a favorable screening (applicant and suitability) determination or background investigation.

Prior to contract award or during the 60 day period discussed in paragraph two, it is solely the company, individual or contractor's responsibility to contact the BIE Personnel Security and Suitability Program at (505) 346-2329 or fax (505) 346-7738 in order to obtain a complete security package, which includes but is not limited to appropriate investigative forms and/or inquire about their previous investigation; and, obtain a screening (applicant and suitability) determination, and subsequent final background investigation.

If an unfavorable screening (applicant and suitability) determination is made, a contract shall not be awarded to the individual who received an unfavorable screening or to the company who has proposed to employ the individual to perform the work. The individual and or the company who proposed to employ this individual may be determined to be non-responsible if an unfavorable screening

(applicant and suitability) determination is made, which will make them ineligible for contract award.

If an unfavorable final background investigation determination is made, the contract may be terminated and the employee in question shall not be authorized to provide service to the BIA, if the service involves contact with or regular control over Indian children.

H.15 HAZARDOUS MATRIAL IDENTIFICATION, REMOVAL, DISPOSAL

If the contractor identifies hazardous material, they shall comply with the Environmental Protection Agency’s (EPA’s) and

Occupational Safety and Health Administration’s (OSHA’s) policies and regulations. The Contractor shall also provide a written notification of any identified hazardous material to the Contracting Officer Representative (COR) and the Contracting Officer (CO).

H.16 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATIONS (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations

Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a

Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

( c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

SECTION I -- CONTRACT CLAUSES

I.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE FEB 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://acquisition.gov .

Clause Title Date

52.202-01 Definitions Nov 2013

52.203-03 Gratuities April 1984

52.203-05 Covenant Against Contingent Fees May 2014

52.203-07 Anti-Kickback Procedures May 2014

52.203-08 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity May 2014

52.203-12 Limitation on Payments to Influence Certain Federal

Transactions

Oct 2010

52.204-4 Printed or Copied Double-Sided on Recycled Paper May 2011

52.211-18 Variation in Estimated Quantity April 1984

52.214-27 Price Reduction for Defective Cost or Pricing Data -

Modifications - Sealed Bidding

Aug 2011

52.214-28 Subcontractor Cost Or Pricing Data--Modifications--Sealed

Bidding

October 2010

52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

January 2011

52.222-3 Convict Labor June 2003

52.223-4

52.223-15

52.223-18

Recovered Material Certification

Energy Efficiency in Energy-Consuming Products

Encouraging Contractor Policies to Ban Text Messaging While

Driving

May 2008

December 2007

August 2011

52.225-13 Restrictions on Certain Foreign Purchases June 2008

52.227-04 Patent Indemnity-Construction Contracts December 2007

52.228-14 Irrevocable Letter of Credit May 2014

52.232-17 Interest May 2014

52.232-36 Payment by Third Party May 2014

52.233-03 Protest after Award August 1996

I.2 1452.204-

RELEASE OF CLAIMS--DEPARTMENT OF THE INTERIOR JULY 1996

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

I.3 1452.224-

PRIVACY ACT NOTIFICATION (JUL 1996) (DEVIATION) JULY 1996

(a) As prescribed in 1424.104, the clause at FAR 52.224–1, Privacy Act Notification, shall be modified before insertion into solicitations and contracts by—

(1) Changing the title of the clause to read “Privacy Act Notification (JUL 1996) (Deviation)”; and

(2) Adding the following sentence to the end of the clause:

https://acquisition.gov/

“Applicable Department of the Interior regulations concerning the Privacy Act are set forth in 43 CFR 2, subpart D. The CFR is available for public inspection at the Departmental Library, Main Interior Bldg., 1849 C St. NW, Washington DC, at each of the regional offices of bureaus of the Department and at many public libraries.”

(b) As prescribed in FAR 52.103(a) and 52.107(f), the clause at FAR 52.252–6, Authorized Deviation in Clauses, shall be inserted into solicitations and contracts containing the clause in paragraph (a) of this section.

I.4 1452.225-

USE OF FOREIGN CONSTRUCTION MATERIALS--DEPARTMENT

OF THE INTERIOR

JULY 1996

(a) The Government has determined that the Buy American Act is not applicable to the following construction materials because they are not mined, produced, or manufactured in the U.S. in sufficient quantities of a satisfactory quality:

(1) ______________________NONE_

(2) ________________________________________________________________

(3) ________________________________________________________________

(b) Offers based on the use of foreign construction materials other than those listed in (a) above may be acceptable if the Government determines that U.S. construction material is not available, would be impracticable or constitute an unreasonable price. Please contact the contracting officer with questions or comments concerning non-availability or impracticability of U.S. material.

(c)(1) Offers based upon use of foreign construction material for cost savings will be considered reasonable if the cost of each foreign construction material, plus 6 percent, is less than the cost of each comparable U.S. construction material. The Contracting Officer shall compute the cost of each foreign construction material to include all delivery costs to the construction site, and any applicable duty

(whether or not a duty-free entry certificate is issued.) This evaluation shall be made for each foreign construction material included in the offer, but not listed in subparagraph (a) above in this clause.

(2) Any contractor cost savings from post-award approval to substitute foreign construction material for U.S. construction material shall be passed on to the Government.

(d)(1) This offer is based on the use of foreign construction material not listed in (a) above. For each foreign item proposed the offeror shall furnish the following information for the foreign material offered: item description, supplier, unit of measure, quantity, unit price, duty (even if a duty free certificate is issued), delivery costs, and total price and shall also identify information on a U.S. item comparable to the foreign item including: supplier, unit of measure, quantity, unit price, delivery costs and total price.

(2) If the Government rejects the use of foreign construction material listed under paragraph (d)(1) above, the Government will evaluate the Contractor's offer using the offeror's stated price for the comparable U.S. construction material, and the offeror shall be required to furnish such domestic construction material at the Contractor's originally offered price. In preaward situations, an offer which does not state a price for a comparable U.S. construction material will be rejected by the Government. In postaward situations an offer proposing foreign material which does not state the price for the comparable U.S. construction material will be rejected by the

Government. The Contractor shall use comparable U.S. material for the project and any additional cost for the use of this U.S. material shall be absorbed by the Contractor.

I.5 1452.226-

INDIAN PREFERENCE APRIL 1984

(a) The Contractor agrees to give preferences to Indians who can perform the work required regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation for training and employment opportunities under this contract and, to the extent feasible consistent with the efficient performance of this contract, training and employment preferences and opportunities shall be provided to Indians regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation who are not fully qualified to perform under this contract. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts consistent with the efficient performance of this contract. The Contractor shall maintain such records as are necessary to indicate compliance with this paragraph.

(b) In connection with the Indian employment preference requirements of this clause, the Contractor shall also provide opportunities for training incident to such employment. Such training shall include on-the-job, classroom, or apprenticeship training which is designed to increase the vocational effectiveness of an Indian employee.

(c) If the Contractor is unable to fill its training and employment needs after giving full consideration to Indians as required by this clause, those needs may be satisfied by selection of persons other than Indians in accordance with the clause of this contract entitled

“Equal Opportunity.”

(d) If no Indian organizations or Indian-owned economic enterprises are available for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, or labor surplus area concerns.

(e) As used in this clause:

(1) “Indian” means a person who is a member of an Indian Tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the contractor shall grant the preference but shall require the individual within thirty (30) days to provide evidence from the Tribe concerned that the person is a member of that Tribe.

(2) “Indian organization” means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451); and

(3) “Indian-owned economic enterprise” means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit provided that such Indian ownership…